N.Y. Environmental Conservation Law § 15-0517

§ 15-0517. Water quality testing requirements for land clearing debris\n and compost facilities in Nassau and Suffolk counties.\n 1. In Nassau and Suffolk counties, the department shall promulgate\nrules and regulations to prevent water quality and other environmental\nimpairments resulting from land clearing debris facilities or composting\nfacilities. Such regulations shall at a minimum require:\n (a) quarterly up gradient and down gradient water quality testing;\n (b) setbacks from drinking water supply wells and surface water\nbodies; and\n (c) dust and odor suppression and fire risk minimization.\n 2. The department shall in the case of a primary recharge area, and\nmay for other recharge areas, promulgate rules and regulations to be\nimplemented twenty-four months after the effective date of this section,\nto prevent water quality and other environmental impairments resulting\nfrom land clearing debris facilities or composting facilities by\nrequiring the use of an impermeable liner, in addition to the\nrequirements of subdivision one of this section. The department may\nexempt a land clearing debris facility or a composting facility from the\nregulatory requirements of this subdivision following a review of the\nfacility's water quality testing results and a determination by the\ndepartment that such facility does not pose a risk of impairment to the\nprimary recharge area or, if applicable, other recharge area.\n 3. For the purposes of this section:\n (a) "land clearing debris" shall mean vegetative matter, soil and rock\nresulting from activities such as land clearing and grubbing, utility\nline maintenance or seasonal or storm related cleanup such as trees,\nstumps, brush and leaves and including wood chips generated from these\nmaterials.\n (b) "composting facilities" shall mean facilities that accept more\nthan three thousand cubic yards of waste, either processed or\nunprocessed, per year.\n